Common use of Evaluation Licence Clause in Contracts

Evaluation Licence. 3.1 In return for the mutual rights and obligations set out in the Agreement we grant you the right to use the Licensed Software for a period of 30 days from when it is installed by or on behalf of you ("Evaluation Period"). During the Evaluation Period you can decide whether or not the Licensed Software meets your requirements. The Evaluation Period may be extended by written agreement with us ("written" shall include an exchange of emails between you and us). 3.2 During the Evaluation Period, you hereby agree that the Licensed Software is provided "AS IS" with no representation, guarantee or warranty of any kind as to its functionality, quality, performance, suitability or fitness for purpose. All other terms, conditions, representations and warranties expressed or implied whether by statute or otherwise are hereby expressly excluded. 3.3 We shall not be liable for any claim, damages or other liability arising from or in connection with your use of the Licensed Software during the Evaluation Period. 3.4 For the avoidance of doubt, during the Evaluation Period: (a) clauses 5.1, 9.1, 10.3 and 13.2 of this Agreement shall not apply; and (b) clause 13.1 shall apply except that the reference to clause 13.2 is deleted. 3.5 Before or upon expiry of the Evaluation Period: 3.5.1 If, in your sole opinion, the Licensed Software meets your requirements, and you wish to continue to use the Licensed Software beyond the end of the Evaluation Period, you shall pay us the Licence Fees and this Agreement shall then remain in full force and effect. 3.5.2 If you decide that the Licensed Software does not meet your requirements, or otherwise do not wish to enter into a paid up Licence of the Licensed Software, then you shall destroy the Licensed Software and all copies, in any form including partial copies or modifications of the Licensed Software received from us or made in connection with this Agreement and all documentation relating thereto. Any rights of yours to use the Licensed Software shall cease.

Evaluation Licence. 3.1 In return for the mutual rights and obligations set out in the Agreement this Agreement, we grant you the right to use the Licensed Software for a period of 30 14 days from when it is initially installed by or on behalf of you ("Evaluation Period"). During the Evaluation Period you can decide whether or not the Licensed Software meets your requirements. The Evaluation Period may be extended by written agreement with us ("written" shall include an exchange of emails between you and us). Note that this clause 3 does not apply to the Freeware. 3.2 During the Evaluation Period, you hereby agree that the Licensed Software is provided "AS IS" with no representation, guarantee or warranty of any kind as to its functionality, quality, performance, suitability or fitness for purpose. All other terms, conditions, representations and warranties expressed or implied whether by statute or otherwise are hereby expressly excluded. 3.3 We shall not be liable for any claim, damages or other liability arising from or in connection with your use of the Licensed Software during the Evaluation Period. 3.4 For the avoidance of doubt, during the Evaluation Period: (a) clauses 5.1, 9.18.1, 10.3 and 9.3 and 13.2 of this Agreement shall not apply; and (b) clause 13.1 shall apply except that the reference to clause 13.2 is deleted. 3.5 Before or upon expiry of the Evaluation Period: 3.5.1 Ifif, in your sole opinion, the Licensed Software meets has met your requirements, and you wish to continue to use the Licensed Software beyond the end of the Evaluation Period, you shall pay us can decide whether to obtain a licence to the Free Edition Software, Core Edition Software or the equivalent Licence Fees and Fee version. Once the appropriate the licence has been obtained, this Agreement shall then remain continue in full force and effect(except that this clause 3 shall no longer apply). 3.5.2 If if you decide that the Licensed Software does not meet your requirements, or otherwise do not wish to enter into a paid up Licence of the Licensed SoftwareLicence, then you shall destroy the Licensed Software and all copies, in any form including partial copies or modifications of the Licensed Software received from us or made in connection with this Agreement Licence and all documentation relating thereto. Any rights of yours to use the Licensed Software shall cease.